교통사고처리특례법위반(치사)
Defendant shall be punished by imprisonment without prison labor for eight months.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.
Punishment of the crime
The defendant is a person who is engaged in driving a CA6 car.
On October 6, 2016, 10:05 around 10:05, the Defendant continued the intersection of the transition distance from the border of the Daegu Northern-gu at a speed of about 73.8km at a speed of about 73.8km in the city of Si, from the eth of the ethic road to the eth of the ethic distance of Do.
At the time, the signal apparatus was installed, and the signal of the Defendant’s moving direction was changed to the moving signal of the vehicle stop, and the vehicles with the first and second lanes are operated. In such a case, even if a person engaged in driving service is in progress in accordance with the new code, there was a duty of care to prevent the accident in advance, such as reducing the speed, operating the brakes and steering gear accurately.
Nevertheless, due to the negligence of neglecting this, the Defendant got the victim D(83) driver's bicycle who was entering the above intersection by the right line from the left side of the Defendant's running direction to the right line and was driving at low speed, and got the victim D(83) driver's driver's license.
Ultimately, the Defendant caused the victim's death by occupational negligence at the F Hospital located in Daegu Dong-gu, Daegu-gu, about 11:01 on the same day due to the decrease in the amount of credit blood.
Summary of Evidence
1. Statement by the defendant in court;
1. Notification of the results of analysis of school accidents;
1. Application of Acts and subordinate statutes concerning postmortem records;
1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act concerning criminal facts (Selection of Imprisonment without prison labor);
1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of the recommended sentence] The ground for sentencing under Article 62(1) of the Criminal Act [the scope of the recommended sentence] is the case where the victim was at considerable fault in the occurrence of a traffic accident or the expansion of damage even for the victim (the special mitigated person], and where the victim was at considerable discretion in the occurrence of a traffic accident or in the expansion of damage, it is not punishable (including efforts to recover damage) (the decision of sentence].